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HomeMy WebLinkAboutReso 1964-3469RESOLUTION N0. 3469 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DETERMINING AND DECLARING PUBLIC NECESSITY OF ACQUIRING RIGHT-OF-WAY AND EASEMENT FOR PUBLIC SEWER PURPOSES AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS TO ACQUIRE SAID RIGHT-OF-WAY AND EASEMENT WHEREAS, there are on file in the office of the City Engineer certain maps, plans and drawings of a certain proposed sewer easement and right-of- way entitled "Off Site Sewer for Princess Manor Unit ~~1, No. 64-28L", dated June 18, 1964, and showing the route and termini of the said proposed sewer right-of-way and easement. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the City Council of the City of Chula Vista finds and de- termines and thereby declares that the public interest and necessity require the construction and completion of a certain public improvement, namely, a sanitary sewer easement and right-of-way upon, through, over, under and across the real property hereinafter described in this resolution. 2. That the said property so hereinafter described is necessary therefor and that such public improvement is planned and located in the manner which will be most compatible with the greatest public good and least private injury. That the proposed location of said sewer easement and right-of-way is shown on the said drawing referred to, namely, drawing No. 64-28L, entitled "Off Site Sewer for Princess Manor Unit ~~1", dated June 18, 1964. 3. That the public interest and necessity require the acquisition and taking of certain real property for sewer easement and right-of-way purposes for the installation, construction, operation, maintenance, repair, replacement and reconstruction of sewers, water lines, underground utilities and all structures incidental thereto. 4. That the use of all and each and every part of said hereinafter described real property for the purpose of a sewer easement and right-of-way is a public use, and a use authorized by law. 5. That the acquisition and taking of said sewer easement and right-of-way upon, through, under, over and across all and each and every part of said hereinafter described real property is necessary to such public use, and it is necessary that all and each and every part of said real prop- erty be so acquired and taken. 6. BE IT FURTHER RESOLVED that JAMES S. DUBERG, City Attorney for the City of Chula Vista, be and he is hereby authorized, empowered and di- rected to acquire said real property for the purpose of laying out, exca- vating, operating, repairing, and for the purpose of exca- vation and embankment thereof, by donation or purchase or by condemnation in accordance with the provisions of the Code of Civil Procedure of the State of California relating to eminent domain, and to prepare and prose- cute such suit or suits as are necessary to condemn, take and acquire said real property, and to make an application to the Court for an order fixing the amount or amounts of such security in the way of money deposits as said Court may direct to be made upon the taking of possession of said real prop- erty, or any part thereof, and to make application for an order permitting the said City of Chula Vista to take immediate possession and use of said real property, or any part or parts thereof, and to make deposit of such security in such amounts fixed by the Court, and in such manner as the Court may direct, and to incur on behalf of the City of Chula Vista all reasonable and necessary expenses in the prosecution of a suit or suits to condemn said real property. That the real property referred to hereinabove in this resolution is situated in the City of Chula Vista, County of San Diego, State of Cali- fornia, and more particularly described as follows: All that portion of 1/4 Section 92 of Rancho de la Nacion according to Map thereof ~~166 filed May 11, 1869, in the Office of the County Recorder, County of San Diego, State of California, more particularly described as follows: The Southerly 10.00 feet of the Southerly 330 feet of the Northerly 990 feet of the Westerly one-half of the Westerly one-half of said 1/4 Section 92, as conveyed to John H. Ryder by deed recorded March 12, 1928 in Book 1454, page 82 of deeds. CC 652 ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, thisllthday of August , 19 64 , by the following vote, to-wit: AYES: COUNCILMEN McAllister, Sparling, McCorquodale, Anderson, McMains NAYES: COUNCILMEN None ABSENT: COUNCILMEN None Mayor of the City f Chula Vista ATTEST `~~~..~~..~~-~ ~ ~~e+<_~:_~~~ City Clerk '~ STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of , and that the same has not been amended or repealed. DATED: City Clerk CC 652 a~~ ~ - ~~ ~ ~ / / ~'\ ~ ~ ~ ~ ~ ~,% 1 2 ~ ~ ,, ~ ~ ;. - Qc ~' ~' % 12 'd,"~k~ ~ ~ %~ ~ ~ ;~ ~ - ~ ~~t . ~ ;~ ~ ' / ~fD~DCJS~~ ~ '~ ~,-ed i Sewer -~-' \~ , ~ , aPos ~ ~asemerT~ ~ ~~ - - ~,; 92 ~ ~f ~I~~~CIO~ SIP a J -- a O io' ~ G~ ~•' ~/ Z Ir'~/ i % C 'i~ /i~ S~C~~D/~ 92 s'/y ii~e ~oh,;~ ,~r'/ ~y~E'r" ~ `~~; ~ Jof» f~' ~y~er ~~;~ ~ ~ Fi/e ~`,~4795 ~ Boc,41 /~5~ woe B2 c~Ee~S ~;~ f - . - ~ /,~~ Sec~ion ~_ //¢ SeC r~i©/i i __7__ cgsT~~ 9z //7 Cam. ,~~ w ~~~~i~ ~ ~,~~ 'sooo ~~4 4/2/64 • • PRINCESS MANOR ill ~ , SEWER DESCRIPTION ACROSS JOHN ti. RYDER'S LAND All that portion of 1/4 Section 92 of Rancho 3e la Nacion according to *tap thereof t~166 filed ,say 11, 1869 in the Office of the County Recorder, County of San Diego, State of California, more particularly described as follows; The Southerly 10.00 feet of the Southerly 330 feet of the Northerly 990 feet of the Westerly one-half of the Westerly one-half of said 1/r~ Section 92, as conveyed to John H. Ryder by deed recorded March 1L, 1923 in Book 1454 page 82 of deeds.